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101848P.pdf   06/08/2011  Leroy Sanders  v.  Kohler Company
   U.S. Court of Appeals Case No:  10-1848
   U.S. District Court for the Eastern District of Arkansas - Little Rock   
   [PUBLISHED] [Wollman, Author, with Loken and Smith, Circuit Judges]
Civil case - Worker Adjustment and Retraining Notification Act. Employees who are fired but replaced are not part of a reduction in force and do not count as part of the aggregate number of employee layoffs that must be met to satisfy the numerosity thresholds of Section 2101(a)(3) of the WARN Act; district court did not err in concluding that the various theories offered by plaintiffs failed, as a matter of law, to establish that a mass layoff occurred that would trigger the notice requirements of the WARN Act.